Who may appeal a victim protection order, its extension, cancellation or change of kind, or a temporary protection order and its cancellation or change of kind, and on what grounds?
General information · Not legal advice
Material to check
In a practice file we read the family court's decision on the victim protection order or the temporary protection order, the paper showing any extension, cancellation or change of kind, and the papers identifying who is appealing and in what capacity, such as the prosecutor, the victim, the family violence actor, a legal representative or an assistant.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the list in the provision: where a decision on a victim protection order, including its extension, cancellation or change of kind, or on a temporary protection order, its cancellation or change of kind, carries a statutory violation that would affect it, a serious factual error, or manifest injustice, the prosecutor, the victim, the family violence actor, a legal representative, or an assistant may lodge an appeal with the collegial panel at the head office of the family court.
Another reading treats the proviso as a limit on the body alone: it keeps the same persons and the same grounds, and moves the appeal to the collegial panel at the head office of the district court only for an area where no family court is installed, so the change of body turns on the absence of a family court and not on any attribute of the person appealing.
Your judgment
When an appeal cites a statutory violation affecting the decision, a serious factual error, or manifest injustice, what in the decision papers shows which of the three grounds the case rests on?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may lodge the appeal or which panel hears it, or if a court decision explains what makes a decision on such an order manifestly unjust.